DETAILED ACTION
Notice of Pre-AIA or AIA Status
[001] The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
[002] Claims 6 and 7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method of making a battery, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/01/2026.
[003] Despite the amendments to claim 6 and 7, the restriction is maintained, as the battery of claim 1 can still be manufactured without following aspects of the method claim, including drawing the shielding member from the losing plate, needing a bending step, or needing a laser-welding step involving housing the electrode body in the battery case after the bending step. For example, the shielding member could be welded on the closing plate instead of being integrally drawn from the closing plate. Claim 7, being dependent on claim 6, is withdrawn for the same reasons as claim 6.
Priority
[004] Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP 2022-111153 A, filed on 07/11/2022.
Claim Rejections - 35 USC § 103
[005] In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
[006] The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
[007] The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
[008] Claims 1 and 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Tsutsumi (US 20130171510 A1; Henceforth, Tsutsumi), and further in view of Marasco and Balaram (US 20180083256 A1; Henceforth, Marasco) and Deng et al (WO 2013000415 A1; Henceforth, Deng).
[009] Regarding claim 1, the instant claim is drawn to a sealed battery comprising: an electrode body including an electrode; a battery case including an opening and housing the electrode body; a closing plate including a terminal insertion hole and closing the opening; a collector terminal including an electrode body connector connected to the electrode inside the battery case, a shaft inserted through the terminal insertion hole, and an external connector exposed at an outer surface of the closing plate; a resin insulator insulating the outer surface of the closing plate from the external connector; a laser-welded region formed on a fitted portion between the battery case and the closing plate; and a shield disposed at least in an area where the fitted portion and the insulator are located closest to each other, the shield being provided along a peripheral edge of the insulator, wherein, the shield includes a first shield portion extending vertically or substantially vertically from the outer surface of the closing plate and located between the fitted portion and the insulator, and a second shield portion extending from the first shield portion to the insulator and covering a portion of a surface of the insulator. The instant specification further explains that if spatters, during welding, scatter over the insulator during laser welding, the second shield portion would prevent contact between the insulator and the scattered spatters because the second shield portion covers the insulator (pages 2-3, paragraph 7).
[010] Tsutsumi teaches a battery cell ([0009]) that includes an electrode assembly ([0010]), a battery case that includes an opening at one end and accommodates the electrode assembly ([0011]), a cover plate that closes the opening portion of the battery case wherein a peripheral edge portion of the outer surface of the cover plate is welded to the peripheral edge portion of the battery case ([0012]), a connection terminal that is electrically connected to the electrode assembly via a connection member that is inserted through the cover plate ([0013] and [0014]), an insulating gasket that is interposed between the cover plate and the connection terminal ([0015]; Figure 4, annotated below, element 20), and a vertically-arranged shielding member that is positioned between the weld line and at least a portion of the insulating gasket adjacent to the weld line ([0016] and Figure 4, element 4, below), such that the shielding member can prevent damage to the insulating gasket when the battery case and cover plate are welded together ([0008]). Figure 4 depicts an electrical connector exposed at the outer edge of the closing plate (element 310). The examiner notes the electrode assembly is analogous to the electrode body of the instant claim, and the insulating gasket is made of resin ([0101]), making it analogous to the resin insulator of the instant claim. Additionally, the examiner notes the fitted region of the instant claim is analogous to the boundary between peripheral edge portions of the battery case and the cover plate.
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Figure 4, reproduced from Tsutsumi, annotated by the examiner.
[011] Tsutsumi does not teach a horizontal component to the shielding member.
[012] Marasco teaches an electrical feedthrough for battery cans ([0004] and [0005]), including a tubular conduit having a flange, and a first surface opposite of the flange ([0004]). The first surface includes a protrusion and a notch ([0004]; Figure 2c, reproduced below). Multiple instances of the notches and protrusions are possible ([0030]), may have an annular structure ([0031]), and may have any cross-sectional profile, including square, hemispherical, trigonal, ogee curved, etc. ([0038]). Marasco teaches the combination of the notch, a tapered flange and the protrusion are configured to reduce or eliminate thermally-induced cracking experienced by the electrically-insulating material interspersed between the conduit and the electrical terminal (insulator: element 218, conduit: element 202, terminal: element 216 in Figure 2a, reproduced below) during welding/as a result of welding ([0043]). While the examiner notes that the ogee curved structure may look like the examples depicted in Examiner Figure 1, below, which includes portions extending in a horizontal and vertical directions, Marasco does not explicitly teach a cross-sectional profile with both a vertical and horizontal component.
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Figure 2c, reproduced from Marasco.
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Figure 2c, reproduced from Marasco.
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Examiner Figure 1: Examples of ogee curve profiles, drawn by the examiner.
[013] Deng teaches a cover assembly for a lithium ion battery (page 4, lines 29-31) with a via hole in the cover plate, allowing the terminal pole exit the interior of the battery (page 9, lines 4-7). In one embodiment, Deng teaches a mounting groove projecting from the surface of the cover plate body (page 9, lines 11-13; Figure 4, annotated below, element 111). The mounting groove may be integrally formed to the cover plate (page 9, lines 26-27). The examiner notes Figure 4 depicts that there is a substantially vertical portion, and a substantially horizontal portion, with a clear bend between the two portions. Deng teaches there is an insulation sealing member (page 5, lines 19-20) sandwiched between the mounting groove portion and the electrode terminal (page 10, lines 10-12; Figure 4, element 3). The examiner notes the insulating sealing member has a portion covered by the mounting grove, which the examiner equates to the shielding member of the instant claim (Figure 4).
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Figure 4, reproduced from Deng, annotated by the examiner.
[014] Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date to create a battery with a shielding element oriented at least along the long-side region of the battery, as taught by Tsutsumi, with the cross-sectional profile covering the insulating member, as taught by Deng in the same field of endeavor, to protect an insulation member from damage during welding, as taught by Marasco and Tsutsumi. Marasco demonstrates precedent in the art to use various cross-sectional profiles, including ogee curves, of protrusions that are configured to prevent thermal damage to insulation members during welding. Deng demonstrates the use of a protrusion of the cover member with both vertical and horizontal components, with a bend between the two portions, such that the horizontal component covers a portion of the insulating member. A person of ordinary skill in the art would have had a reasonable expectation that the simple substitution of the cross-sectional profile taught by Tsutsumi for the one taught by Deng would have successfully yielded a shielding member with both a horizontal and vertical portion configured to stop damage to insulation members during welding, as the protrusion would be performing the same function as it had in the system of Tsutsumi previously, and Marasco taught that various cross-sectional profiles would be appropriate to perform the desired function. Since the mounting groove of Deng covers a portion of the insulating member (Figure 4), this new profile would allow the shielding member to cover the top portion of the insulation member, in addition to the already covered side/vertical portion of the insulation member, while still blocking the parabolic spatters during welding, as the original shielding member in the system of Tsutsumi had been configured to do ([0006]).
[015] Regarding claim 3, the instant claim is drawn to the sealed battery according to claim 1, wherein the shield is a drawn portion and is integral with the closing plate.
[016] Tsutsumi, Marasco, and Deng teach the battery of claim 1. Both Tsutsumi and Deng teach an embodiment where the shielding member is integrally formed with the cover plate (Tsutsumi: [0037]; Deng: page 9, lines 26-27).
[017] Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date to create a substantially rectangular battery with a shielding element oriented at least along the long-side region of the battery, as taught by Tsutsumi with the cross-sectional profile covering the insulating member, as taught by Marasco and Deng in the same field of endeavor, as outlined in claim 1, above, wherein the shielding member is also integrally formed on the cover plate. The examiner notes the instant claim is a product-by-process claim, as the product claim consists of a product (the closing plate with the shielding member) formed through a process (of drawing). It has been held that "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Thus, since the protrusion of Tsutsumi is integral to the closing plate, it would have been obvious to form the shield member, as outlined in claim 1 above, that is integral to the closing plate.
[018] Regarding claim 4, the instant claim is drawn to the sealed battery according to claim 1, wherein the second shield portion is a bent portion extending from the first shield portion and bent to the insulator.
[019] Tsutsumi, Marasco and Deng teach the battery of claim 1. Deng teaches a mounting groove projecting from the surface of the cover plate body (page 9, lines 11-13; Figure 4, above, element 111). The examiner notes Figure 4 depicts that there is a substantially vertical portion, and a substantially horizontal portion, with a clear bend between the two portions towards the insulation member such that the insulating sealing member has a portion covered by the mounting grove (Figure 4, element 111, the mounting groove is bent and covers element 3, the insulating member).
[020] Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date to create a substantially rectangular battery with a shielding element oriented at least along the long-side region of the battery, as taught by Tsutsumi with the cross-sectional profile covering the insulating member, as taught by Marasco and Deng in the same field of endeavor, wherein the second shielding member is a bent portion extending from the first shielding member to the insulating member. Marasco demonstrates precedent in the art to use various cross-sectional profiles of protrusions that are configured to prevent thermal damage to insulation members during welding. Deng demonstrates the use of a protrusion of the cover member with both vertical and horizontal components, with a bend between the two portions, such that the horizontal component extends from the substantially vertical component towards the insulation member such that it covers a portion of the insulating member. A person of ordinary skill in the art would have had a reasonable expectation that the simple substitution of the cross-sectional profile taught by Tsutsumi for the one taught by Deng would have successfully yielded a shielding member with both a horizontal and vertical portion configured to stop damage to insulation members during welding, as the protrusion would be performing the same function as it had in the system of Tsutsumi previously, and Marasco taught that various cross-sectional profiles would be appropriate to perform the desired function. Since the mounting groove of Deng covers a portion of the insulating member (Figure 4), this new profile would allow the shielding member to cover the top portion of the insulation member, in addition to the already covered side/vertical portion of the insulation member, while still blocking the parabolic spatters during welding, as the original shielding member in the system of Tsutsumi had been configured to do ([0006]).
[021] Regarding claim 5, the instant claim is drawn to the sealed battery according to claim 1, wherein the fitted portion has a substantially rectangular shape, and the shield is provided at least in an area where a long-side region of the fitted portion and the insulator face each other.
[022] Tsutsumi, Marasco and Deng teach the battery of claim 1. Tsutsumi teaches the battery is substantially rectangular, and the boundary between the cover plate and the battery case, designated the equivalent to the fitted region (see claim 1 above) is also rectangular (Figure 3, reproduced below). Figure 3 depicts the shield element (element 4) extending around the entirety of the terminal, along both the long and short directions of the battery.
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Figure 3, reproduced from Tsutsumi.
[023] Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date to create a substantially rectangular battery with a shielding element oriented at least along the long-side region of the battery, as taught by Tsutsumi with the cross-sectional profile that covers the insulation member, as taught by Deng in the same field of endeavor, as outlined in claim 1, above.
[024] Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Tsutsumi, Marasco and Deng as applied to claim 1 above, and further in view of Ito (WO2017159760 A1; Henceforth Ito).
[025] Regarding claim 2, the instant claim is drawn to the sealed battery according to claim 1, wherein the closing plate, the collector terminal, and the insulator are insert-molded.
[026] Tsutsumi, Marasco and Deng teach the battery of claim 1. None of them teach that the collector plate, the collector terminal and insulator are all insert-molded together. Deng teaches the insulation member may be injection molded (page 11, lines 2-3), but does not explicitly specify the closing plate and electrode terminal are similarly injection-molded with the insulation member.
[027] Ito teaches an energy storage unit comprising a container having a wall, an electrode terminal penetrating the wall, and a current collector connected to the electrode terminal, wherein the wall and the electrode terminal are integrated together with an intermediate member disposed between the wall and the electrode termina ([0012]). Ito teaches that the positive terminal, lid and an intermediate member (Figure 8, reproduced below, element 500) are integrally molded through insert molding ([0038]). The examiner notes the negative terminal is analogously insert molded ([0038]). Ito further teaches that intermediate members 500 and 600 (see Figure 8, below) are insulating members, such as resin, in which at least a portion is positioned between the lid and the positive terminal member and the negative terminal member, thereby insulating the lid from the positive terminal member and the negative terminal member ([0037]). Ito teaches that, when the intermediate members are integrated with the lid, the positive terminal member, and the negative terminal member, they have the function of maintaining the airtightness of the container ([0037]).
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Figure 8, reproduced from Ito.
[028] Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date to create a substantially rectangular battery with a shielding element oriented at least along the long-side region of the battery, as taught by Tsutsumi with the cross-sectional profile covering the insulating member, as taught by Marasco and Deng in the same field of endeavor, wherein the closing plate, collector terminal, and insulation member are insert-molded, as taught by Ito in the same field of endeavor. There would have been a motivation, as taught by Ito, to insert-mold the insulation member, lid and electrode terminal, in order to create an air-tight battery. Since Ito demonstrates the use of the technique of insert-molding the components together in a battery, it would have been obvious to a person of ordinary skill in the art before the effective filing date to utilize the known technique taught by Ito in a battery system, as taught by Tsutsumi, Marasco, and Deng, in order to make the battery air-tight.
Conclusion
[029] The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: KR 20180130796 A (Henceforth, Kim).
[030] Kim teaches a lithium secondary battery comprising: an outer material including a resin layer and a metal layer; an electrode assembly enclosed and accommodated by the outer material; an electrode tab coupled to the electrode assembly and having a portion protruding outside the outer material; and a protective film attached to the outer material and the electrode tab to seal the coupling portion of the electrode tab and the electrode assembly; wherein a shielding portion may be formed on the inner surface of the outer material, positioned parallel to at least one end of the protective film to block an electrolyte present inside the outer material from approaching the electrode tab ([0011]). Kim teaches that the shielding portion may be formed such that a part of the exterior material protrudes inward ([0016]) and may include an inclined surface parallel to the longitudinal direction of the electrode tab ([0018]). Kim teaches the shielding part may be formed through a press process during the process of forming the exterior material, by adding a pre-set shielding part shape to the mold used in the process and applying pressure ([0053]). The examiner notes this is functionally identical to drawing the shielding portion with a die to integrally form a protrusion in a cover plate.
[031] Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN P MURPHY whose telephone number is (571)272-9321. The examiner can normally be reached Monday - Friday 8:00 am - 5:30 pm.
[032] Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
[033] If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A Smith can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RPM/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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